In Australia s15AB(2) of the Acts Interpretation Act 1901 (Cth) sets out the various extrinsic aids which may assist with the legislative interpretation of an Act. Extrinsic materials are relied on and will often be referred to, these are permissible to assist with interpreting an Act and include:
Parliamentary debates on the bill (Hansard), in particular, the second reading speeches in both the House of Representatives and the Senate
The Bill that has led to the Act or amended the Act, and all subsequent amendments to the Bill
Explanatory Memorandum which accompanies the Bill
Journals of the Senate and the Votes and Proceedings of the House of Representatives
Committee Reports resulting from the debates in Parliament
Reports by Royal Commissions, Law Reform Commissions, committees of inquiry or other similar bodies
Dictionaries both legal and non legal
Encyclopeadias
Books on statutory interpretation can be found on the library catalogue via keywords and specific subject terms in the Subject field of the library catalogue.
Relevant subject terms: Law -- Australia -- Interpretation and construction.
Some key texts are also listed below.
Laying down the law by
The 12th edition has been extensively revised throughout, including discussion on recent developments in case law and legislation, such as the Legislation Interpretation Act 2021 (SA) and continuing developments following the High Court's decision in Farah Constructions Pty Ltd v Say-Dee Pty Ltd. Other current issues, such as constitutional recognition of Australia's First Nations peoples and the implications for legal research and practice of the rapid adoption of artificial intelligence programs, are also considered.
Statutory interpretation in Australia by
Legal disputes nowadays almost always involve some element of statutory interpretation. An understanding of the rules and approaches evolved by the courts and parliaments to determine the meaning of legislation is essential to anyone involved in advising persons, including governments, of their legal rights and obligations. This book has for over 40 years been the principal guide in Australia to the interpretation of legislation. It is regularly cited by all levels of the court system.
Statutory interpretation : principles and context by
Statutory interpretation has become the most important aspect of legal practice in Australia today, with many areas of law determined solely by statute. A strong understanding of the law and principles of statutory interpretation is essential for studying and practising law.
This text provides readers with an up-to-date analysis on the process and principles of statutory interpretation in Australia, together with a discussion on the Australian legislative process and how legislation operates.
The clear and accessible commentary guides readers through the modern approach to statutory interpretation, the role of the Acts Interpretation Acts and the main common law guides, rules and presumptions that assist the courts with interpreting legislation. The authors explain the use of extrinsic materials in the interpretation process, and cover the specific rules relating to remedial, penal and fiscal provisions in legislation. The discussion also includes the application of statutory interpretation to the Australian Constitution, to private law instruments such as contracts, deeds, wills and trusts, and in international law. The making and interpretation of delegated legislation is also covered. A chapter on researching legislation provides context to the practical application of legislation in solving legal problems.
Statutory interpretation principles by
This text is an adaptation of Interpretation (2nd edition, Thomson Reuters, 2020), designed for student and lecturer use.
Statutory Interpretation Principles provides a comprehensive text for teaching and studying the law of statutory interpretation in Australia, as part of first year, elective and advanced undergraduate courses.
With its clear layout, including summary boxes to enhance its propositional style, this text is ideally suited to students and lecturers.
Statutory interpretation by 